1. From Investment Opportunities to Execution Capacity
The previous three articles on the Autumn Economic Forum 2026 (AEF 2026), under the theme “The Convergence of New Global Growth Poles,” addressed the institutional foundation, legal trust, and the conditions that determine whether investments can be implemented. This final article poses a different question: once commitments have been signed, what capacity does a business need in order to maintain and protect the value of the cooperation relationship?
In our view, the value of a commitment lies not only in what the parties have agreed, but also in the ability to organize its performance, control changes, and preserve the interests created by that commitment. Legal governance is therefore the ability to manage the legal consequences of business decisions throughout the life cycle of a cooperation, rather than merely identifying the rules to be complied with.
2. Embedding Commitments in Corporate Governance
A carefully drafted contract may still fail to deliver results if its commitments are not translated into action within the business. Responsibility for performing a transaction is usually divided among the investment, finance, legal, technical, and operations functions. The legal function can help identify obligations, but performance also depends on coordination among all functions.
Accordingly, from the outset of a project, a business should designate a person responsible for monitoring each obligation, define approval authority and reporting mechanisms, and translate commitments into implementation plans with deadlines, responsible persons, and documents evidencing results. Otherwise, obligations may be overlooked and identified only when the counterparty already has grounds to claim a breach.
3. Maintaining Conditions Throughout Implementation
Completing the formalities at the start of a project does not ensure that a business can maintain its operations through to the end of the process. Licenses have their own terms and conditions for maintenance; funding depends on the schedule of capital contributions and actual cash flow; and supply chain standards must be met continuously and evidenced by records. A condition that is no longer satisfied may disrupt operations, delay payment to contractors, or cause a business to lose its position in the supply chain. A business should therefore move from checking conditions at a single point in time to monitoring them on a regular basis.
4. Controlling Changes and Responding to Breaches
Not every change can be anticipated. When the scope of work, budget, schedule, or project structure changes, a business should assess the impact on the rights, obligations, and legal conditions already established, and not only on operations. A change that has not been agreed by the parties or approved by the person with proper authority may give rise to costs that the business has no basis to ask its counterparty to share. Where a party shows signs of breach, recording the event, retaining documents, and sending notices as required by the contract help limit damage and create a basis for negotiation.
5. Preserving Rights When the Cooperation Relationship Changes
Changes to, and termination of, a cooperation relationship have different consequences. Adjusting a project may require amendments to contracts, licenses, the capital structure, or data processing arrangements. For example, a business that is required to prepare an impact assessment dossier for personal data processing or for cross-border transfer of personal data must update that dossier when its content changes, in accordance with Article 20(3), Article 21, and Article 22 of the Law on Personal Data Protection No. 91/2025/QH15, except where an exemption applies or where, under Article 38, the business may elect not to comply.
Termination of a cooperation requires the settlement of outstanding payments, the transfer or return of assets and data, and the performance of obligations that remain in effect. In a hypothetical situation, if the right to exploit software improved during the cooperation has not been determined in advance, a business may lose the ability to use the results of its investment even after it has performed its obligations. The value of an investment should therefore be protected from the time the transaction is established.
6. Legal Governance as a Competitive Capability
If legal matters are considered only at signing or when a dispute arises, a business may lose the opportunity to control risks proactively. Based on our experience advising investors, we have observed that an opportunity with real potential may still encounter obstacles if the business lacks the capacity to organize performance. As domestic businesses participate more deeply in value chains, the ability to demonstrate transparency and perform commitments strengthens their credibility with counterparties.
7. From a Legal Foundation to Sustainable Growth
The four articles in the Following AEF 2026 series show a connected progression: the institutional foundation creates conditions for growth; legal trust provides the basis for cooperation; legal conditions determine whether projects can be implemented; and governance capacity helps maintain the value of cooperation. Growth opportunities create value only when they are translated into commitments that can be performed, and legal considerations need to be part of business governance. This article is for general reference only; each transaction should be assessed on the basis of its specific documents.
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- As a Vietnamese law firm, we have a thorough understanding of Vietnam’s legal regulations, and grasp the psychology of employees, employers, and working methods at competent authorities;
- CDLAF’s team of lawyers has many years of experience in the field of labor and enterprises, as well as human resources and financial advisory.
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You can refer for more information:
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- CDLAF – AEF (2026): Article 3: The Legal Conditions That Cannot Be Overlooked
- CDLAF – AEF (2026): Article 2: From the Spirit of Cooperation to Legal Trust in the Global Economy
- CDLAF – AEF (2026): Article 1: New Growth Drivers Need a Trusted Legal Foundation
- Mechanism For Disputes Settlement, Protection Of Interests And Divestment Of Minority Shareholders
- Arbitrability: Notes For Enterprises When Choosing Arbitration As A Dispute Resolution Mechanism
